HB1606 (2016) Detail

Relative to unlawful sale or possession of alcoholic beverages.


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HB 1606-FN - AS INTRODUCED

 

2016 SESSION

\t16-2219

\t03/09

 

HOUSE BILL\t1606-FN

 

AN ACT\trelative to unlawful sale or possession of alcoholic beverages.

 

SPONSORS:\tRep. Abramson, Rock. 20

 

COMMITTEE:\tCriminal Justice and Public Safety

 

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ANALYSIS

 

\tThis bill modifies restrictions on sales to and possession of alcoholic beverages by minors.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2219

\t03/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to unlawful sale or possession of alcoholic beverages.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Title.  This act may known as the Adult Supervision Law.

\t2  Intent.  This general court makes a finding that excessive consumption of alcohol by those under the age of 21 is a major health problem and contributes to automotive accidents and alcohol poisoning.  It is the intention of the general court that minors between the age of 18 and 20 be permitted to consume only beer or wine while in the presence of responsible adults who are over 21 so that younger people will no longer be initiated to alcohol consumption in the absence of adult supervision.

\t3  Prohibited Sales.  RSA 179:5 is repealed and reenacted to read as follows:

\t179:5  Prohibited Sales.  No licensee, salesperson, direct shipper, common carrier, delivery agent, nor any other person, shall sell or give away or procure to be sold, delivered, or given away any liquor or beverage to a person under the age of 21 or serve an individual who is visibly intoxicated or who a reasonable and prudent person would know is intoxicated.  For all deliveries of packages by common carrier or delivery agent marked "alcoholic beverages'' or "alcoholic products,'' the carrier shall obtain an adult signature.  A licensed carrier shall not transport any liquor, wine, or beverage that has been identified by the commission as originating from a person who does not hold a valid New Hampshire direct shipper permit, provided that such identification has first been provided to and received by the licensed carrier in writing.  The commission shall notify carriers by mail on a monthly basis of the identity o unauthorized shippers, which notification shall be effective 15 days after such mailing.

\t4  Unlawful Possession and Intoxication.  RSA 179:10 is repealed and reenacted to read as follows:

\t179:10  Unlawful Possession and Intoxication.

\t\tI.  Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a maximum of $300.  Any second and subsequent offense shall be fined a maximum of $600.  For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .05 or more shall be prima facie evidence of intoxication.

\t\tII.  Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs.  The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

\t5  Repeal.  RSA 179:10-a, relative to attempt to purchase alcohol, is repealed.

\t6  Effective Date.  This act shall take effect January 1, 2017.

 

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\t\t\t\t\t\t\t\t\t\t\t16-2219

\t\t\t\t\t\t\t\t\t\t\t12/11/15

 

HB 1606-FN- FISCAL NOTE

 

AN ACT\trelative to unlawful sale or possession of alcoholic beverages.

 

 

FISCAL IMPACT:

The Judicial Branch states this bill, as introduced, will decrease state expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no impact on state, county or local revenue or county or local expenditures.

 

METHODOLOGY:

The Judicial Branch states the proposed bill would eliminate RSA 179:5, II which makes it an unspecified misdemeanor for anyone in charge of licensed premises to allow a person under the age of 21 to possess or consume an alcoholic beverage on the licensed premises.  The level of alcohol needed for an individual under the age of 21 to be convicted of unlawful intoxication would be raised from .02 to .05, and, RSA 179:10-a would be repealed which makes it a violation for a person under the age of 21 to attempt to purchase alcohol.  The Branch has no information on how many fewer misdemeanor and violation level offenses would result from the proposed bill, but does have information on the average cost of processing such cases in the trial court:

 

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FY 2017

FY 2018

Violation Level Offense

$48

$51

Class B Misdemeanor

$50

$53

Class A Misdemeanor

$70

$74

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It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

 

The Department of Justice states this bill amends the statutes concerning possession of alcohol by, or sale of alcohol to, a person under the age of 21.  The Department states such offenses are typically prosecuted by local prosecutors and passage of the bill would have no fiscal impact on the Department.

 

The Department of Safety states the penalty provision for unlawful possession contains the same fine amounts as current law and there would be no impact on state revenue.  The Department assumes law enforcement activities would not change and therefore there would be no impact on state expenditures.

 

The New Hampshire Association of Counties states this bill will have no significant fiscal impact on county revenue or expenditures.